DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-6, 8-13, 15-20 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Metz (EP2662631; English translation provided).
Metz teaches a computer-implemented (pg. 5 par. 3rd from last par; control device) method of accelerated cooking using surface temperature measurements (pg. 3 par. 3), comprising:
providing an appliance configured to cook food by heating a surrounding fluid (pg. 6 2nd to last par. Cooking appliance; air)
providing a thermometer (pg. 3 par. 3; pg. 5 2nd par.) configured to identify and measure a surface temperature of the food (pg. 3 par. 3; pg. 5 2nd par.)
receiving a user-supplied target temperature (pg. 7 3rd par. Set point or predetermined temperature specific to pg. 5 2nd to last par. program selected; pg. 9 2nd to last par. cooking result selected) and
controlling the temperature of the surrounding fluid (pg. 7 4th par; fig. 6) based on the surface temperature of the food (pg. 3 3rd from last par. predetermined surface temperature; pg. 7 3rd par. Setpoint or predetermined; pg. 5 3rd par. “determined during cooking process”) and the target temperature (pg. 7 3rd. from last par. Temperature present at end of cooking process), including:
initially heating the surrounding fluid to a temperature higher than the target temperature to rapidly raise the surface temperature of the food to the target temperature (pg. 6 par. 4 first phase; pg. 7 par. 4; pg. 7 last par.; fig. 6)
reducing the temperature of the surrounding fluid as the surface temperature increases so that the surface temperature of the food settles at or near the target temperature (pg. 6 par. 42 compensation phase 12; pg. 7 par. 4.; fig. 6 ref. 53; pg. 6 par. 3 Temp. compensation between) and
maintaining the surface temperature of the food at or near the target temperature until the core of the food reaches the target temperature (pg. 7 3rd from last par. core temp. fig. 6; pg. 6 par. 4 connection phase, later cooking stage 13).
With respect to Independent claim 9, a system for accelerated cooking comprising:
an appliance configured to cook food by heating a surrounding fluid (pg. 6 2nd to last par. Cooking appliance; air)
a thermometer configured to measure a surface temperature of the food (pg. 3 par. 3; pg. 5 2nd par.) and
a control algorithm (pg. 3 8th par. “calculated”) implemented in the appliance configured to use the measured surface temperature of the food (pg. 3 par. 3; pg. 3 3rd from last par. predetermined surface temperature; pg. 7 3rd par. Setpoint or predetermined; pg. 5 3rd par. “determined during cooking process”) and a target temperature (pg. 7 3rd. from last par. Temperature present at end of cooking process) to control the temperature of the surrounding fluid, such that the surface temperature of the food rapidly rises to the target temperature (pg. 6 par. 4 first phase; pg. 7 par. 4; pg. 7 last par.; fig. 6) and remains at or near the target temperature until the core of the food reaches the target temperature (pg. 7 3rd from last par. core temp. fig. 6; pg. 6 par. 4 connection phase, later cooking stage 13).
With respect to Independent claim 16, a computer-implemented (pg. 5 par. 3rd from last par; control device) method of accelerated cooking using surface temperature measurements (pg. 3 par. 3), comprising:
receiving a target temperature (pg. 7 3rd par. Set point or predetermined temperature specific to pg. 5 2nd to last par. program selected; pg. 9 2nd to last par. cooking result selected) and
controlling the temperature of a fluid surrounding the food (pg. 7 4th par; fig. 6) based on a measured surface temperature of the food (pg. 3 3rd from last par. predetermined surface temperature; pg. 7 3rd par. Setpoint or predetermined; pg. 5 3rd par. “determined during cooking process”) obtained from a thermometer (pg. 3 par. 3; pg. 5 2nd par.) and the target temperature (pg. 7 3rd. from last par. Temperature present at end of cooking process), including:
initially heating the surrounding fluid to a temperature higher than the target temperature to rapidly raise the surface temperature of the food to the target temperature (pg. 6 par. 4 first phase; pg. 7 par. 4; pg. 7 last par.; fig. 6)
reducing the temperature of the surrounding fluid as the food warms to maintain the surface temperature of the food at or near the target temperature (pg. 6 par. 42 compensation phase 12; pg. 7 par. 4.; fig. 6 ref. 53; pg. 6 par. 3 Temp. compensation between) and
maintaining the surface temperature of the food at or near the target temperature until the core of the food reaches the target temperature (pg. 7 3rd from last par. core temp. fig. 6; pg. 6 par. 4 connection phase, later cooking stage 13).
With respect to claims 2 and 17, wherein the surrounding fluid comprises one or more of air, water, in any phase or combination of phases.
With respect to claims 3 and 18, wherein controlling the temperature of the surrounding fluid includes applying a feedback control algorithm (pg. 3 par. 8 “calculated”) that uses the measured surface temperature as a control input (pg. 3 par. 8; pg. 5 par. 3; pg. 8 par. 1; pg. 7 3rd to last par).
With respect to claims 5 and 19, wherein controlling the temperature of the surrounding fluid further comprises:
allowing the surface temperature of the food to exceed the target temperature by a determined amount for a determined time period (pg. 6 par. 2; pg. 7 par. 4) before reducing the surface temperature back to the target temperature to further accelerate cooking (pg. 6 par. 3; pg. 7 par. 4).
Claims 6, 13 and 20, wherein the thermometer comprises a multipoint thermometer (fig. 1 ref. 26).
With respect to claims 8, 15 and 22, wherein receiving a target temperature comprises receiving a user-supplied target temperature (pg. 7 3rd par. Set point or predetermined temperature specific to pg. 5 2nd to last par. program selected; pg. 9 2nd to last par. cooking result selected).
With respect to claim 10, wherein the control algorithm includes a feedback control loop (pg. 3 par. 3; pg. 3 3rd from last par. predetermined surface temperature; pg. 7 3rd par. Setpoint or predetermined; pg. 5 3rd par. “determined during cooking process”) that uses the measured surface temperature of the food as a control input (pg. 3 par. 3; pg. 3 3rd from last par. predetermined surface temperature; pg. 7 3rd par. Setpoint or predetermined; pg. 5 3rd par. “determined during cooking process”).
Claim 11, wherein the control algorithm is configured to initially heat the surrounding fluid to a temperature higher than the target temperature to rapidly raise the surface temperature of the food to the target temperature (pg. 6 par. 4 first phase; pg. 7 par. 4; pg. 7 last par.; fig. 6), and to gradually reduce the temperature of the surrounding fluid as the food warms until the surface temperature of the food settles at or near the target temperature (pg. 6 par. 42 compensation phase 12; pg. 7 par. 4.; fig. 6 ref. 53; pg. 6 par. 3 Temp. compensation between), where it is noted gradually is not defined.
Claim 12, wherein the control algorithm is configured to allow the surface temperature of the food to exceed the target temperature by a determined amount for a determined time period (pg. 6 par. 2; pg. 7 par. 4) before reducing the surface temperature back to the target temperature to further accelerate cooking (pg. 6 par. 3; pg. 7 par. 4).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Metz (EP2662631) in view of Young et al. (20160220064).
Metz teaches temperature controlled cooking and control circuitry for determining difference in measured temperature and desired set point temperature by calculating, though silent to the specific scheme and thus one of ordinary skill in the art would have been motivated to look to the art of control circuitry which accurately control fluid temperature during a cooking program as taught by Young (par. 0034; where it is noted Young teaches the fluid being also air par. 0031).
Thus it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a known control circuitry which accurately control fluid temperature during a cooking program as taught by Young (par. 0034) such as a feedback control algorithm comprising a proportional-integral-derivative controller thus achieving a same control of temperature of the fluid during cooking by adjusting temperature through the use of controllable heating elements as further taught by Young and Metz.
Claims 7, 14 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Metz (EP2662631) in view of Nivala et al. (10670470; ids 8/4/23).
Metz is taken as above.
Metz teaches a multipoint temperature sensor which is inserted into the food during cooking and thus one of ordinary skill in the art would have been motivated to look to the art of food thermometers as taught by Nivala.
More specifically Nivala teaches the food thermometer is wireless for communicating the sensed temperature data to the electronic device (col. 2 lines 25-61).
Thus since both teach a same food thermometer and though silent to explicitly teaching wireless, figure 1 of Metz is lacking a wire. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the food thermometer of Metz as wireless as taught by Nivala since there are only two types, i.e. wired and wireless and since Nivala teaches the current state of the art of more convenient and advantageous due to eliminating the need for a wired connection to a device located on the exterior (col. 2 lines 55-57).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE102016102260, 4727799 directed to surface temperature controlled cooking. 5039535 directed to cooking program for cooking food products.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Leff whose telephone number is (571) 272-6527. The examiner can normally be reached on Mon-Fri 8:30 - 5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEVEN N LEFF/Primary Examiner, Art Unit 1792